I move amendment No. 1:
In page 6, line 18, after "including" to insert "a member of the Garda Síochána or the Defence Forces or".
Amendment No. 1 refers to the interpretation section and, specifically, the queries that have been raised among carers and their representatives about some of the definitions in this Bill, particularly whether the definition of "employee", including a civil servant within the meaning of the Civil Service Regulation Act, would cover members of the Garda Síochána and the Defence Forces. Both these categories have been included in the Parental Leave Act and in employment equality legislation. It seems strange that in this most vital legislation to extend health and relief to the estimated 120,000 carers, these important categories are not included. More than 25,000 families would not be able to gain the protection of this Bill.
I have been asked to ask the Minister of State to specify how exactly he would define the term "carer"– in other words, how does he see "carer" operating in terms of the Carer's Leave Bill. How does the Minister of State interpret the word "reasonable" which occurs many times throughout the Bill? How would he categorise a "relevant person" ?
It is very welcome that we have reached this stage with the Carer's Leave Bill. I thank the Minister of State and his very hard working officials from the Department of Enterprise, Trade and Employment, who I welcome here today and who have worked very hard on this legislation, particularly on and after Committee Stage. I welcome the fact the Minister of State accepted a number of Labour Party amendments on Committee Stage, specifically the commitment to have a system of review which is now in section 34. I welcome the steps the Minister of State has taken but I would encourage him to take a few more small steps, particularly to deal with some of the continuing restrictive elements of this legis lation which we have highlighted in a number of the amendments before us.
So far, only 186 people have applied and qualified for the carer's benefit. A major advance was promised in the Government's programme for Government four years ago, that was, to introduce an insurance based system where people engaged in full-time caring duties for an elderly relative or child could take time off work with the full protection of the law. The carer's benefit was introduced in late 1999 so it has taken nearly 18 months for us to reach Report Stage of this companion legislation, the Carer's Leave Bill. People have been applying for the carer's benefit through the Department of Social, Community and Family Affairs. The carer's benefit has been in place for a year and a half but we still do not have the protection of the law for workers who have taken time off to avail of the carer's benefit. So far, approximately 190 workers have availed of the carer's benefit. I ask the Minister of State to look at the situation in which that couple of hundred workers find themselves in relation to this legislation.
After the definition of "employee", I ask the Minister of State to insert the words "a member of the Garda Síochána or the Defence Forces", as in parental leave and other equality legislation. I would like to hear his views on the definition of a "relevant person" and on the term "carer".